PRACTICE DIRECTION – COMPETITION LAW – CLAIMS RELATING TO THE APPLICATION OF CHAPTERS I AND II OF PART I OF THE COMPETITION ACT 1998

Contents of this Practice Direction

Title	Number
Scope and Interpretation	Para.1.1
Venue	Para.2.1
Notice of proceedings	Para.3.
Case management	Para.4.1

Scope and Interpretation

1.1

This practice direction applies to any claim relating to the application of –

(a) Omitted

(b) Chapter I or Chapter II of Part I of the Competition Act 1998.

1.2

In this practice direction –

(a) ‘the Act’ means the Competition Act 1998;

(b) Omitted

(c) Omitted

(d) ‘competition authority” means—

(i) the Competition and Markets Authority; or

(ii) a regulator as defined in section 54 of the Act;

Venue

2.1

A claim to which this Practice Direction applies –

(a) must be commenced in the High Court at the Royal Courts of Justice; and

(b) will be assigned to the Chancery Division, unless it comes within the scope of rule 58.1(2), in which case it will be assigned to the Commercial Court of the King's Bench Division.

2.2

Any party whose statement of case raises an issue relating to the application of Chapter I or II of Part I of the Act, must –

(a) state that fact in his statement of case; and

(b) apply for the proceedings to be transferred to the Chancery Division at the Royal Courts of Justice, if they have not been commenced there, or in the Commercial or Admiralty Courts; or

(c) apply for the transfer of the proceedings to the Commercial Court, in accordance with rules 58.4(2) and 30.5(3). If such application is refused, the proceedings must be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.

2.3

Rule 30.8 provides that where proceedings are taking place in the King’s Bench Division (other than proceedings in the Commercial or Admiralty Courts), a district registry of the High Court or a county court, the court must transfer the proceedings to the Chancery Division at the Royal Courts of Justice if the statement of case raises an issue relating to the application of Chapter I or II. However, if any such proceedings which have been commenced in the King's Bench Division or a Circuit Commercial Court fall within the scope of rule 58.1(2), any party to those proceedings may apply for the transfer of the proceedings to the Commercial Court, in accordance with rules 58.4(2) and 30.5(3). If the application is refused, the proceedings must be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.

2.4

Where proceedings are commenced in or transferred to the Chancery Division at the Royal Courts of Justice in accordance with this paragraph, that court may transfer the proceedings or any part of the proceedings to another court if –

(a) the issue relating to the application of Chapter I or II, has been resolved; or

(b) the judge considers that the proceedings or part of the proceedings to be transferred does not involve any issue relating to the application of Chapter I or II.

(Rule 30.3 sets out the matters to which the court must have regard when considering whether to make a transfer order.)back to top

Notice of proceedings

3.

Any party whose statement of case raises or deals with an issue relating to the application of Chapter I or II, must serve a copy of the statement of case on the Competition and Markets Authority at the same time as it is served on the other parties to the claim (addressed to the General Counsel,, the Competition and Markets Authority, Victoria House, Southampton Row, London WC1B 4AD).

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Case management

4.1 Omitted

4.1A

A  competition authority may make written observations to the court, or apply for permission to make oral observations, on issues relating to the application of Chapter I or II.

4.2

If a competition authority intends to make written observations to the court, it must give notice of its intention to do so by letter to Chancery Chambers at the Royal Courts of Justice (including the claim number and addressed to the Court Manager, Room TM 6.06, Royal Courts of Justice, Strand, London WC2A 2LL) at the earliest reasonable opportunity.

4.3

An application by a competition authority for permission to make oral representations at the hearing of a claim must be made by letter to Chancery Chambers (including the claim number and addressed to the Court Manager, Room TM 6.06, Royal Courts of Justice, Strand, London WC2A 2LL) at the earliest reasonable opportunity, identifying the claim and indicating why the applicant wishes to make oral representations.

4.4

If a competition authority files a notice under paragraph 4.2 or an application under paragraph 4.3, it must at the same time serve a copy of the notice or application on every party to the claim.

4.5

Any request by a competition authority for the court to send it any documents relating to a claim should be made at the same time as filing a notice under paragraph 4.2 or an application under paragraph 4.3.

4.6

Where the court receives a notice under paragraph 4.2 it may give case management directions to the competition authority, including directions about the date by which any written observations are to be filed.

4.7

The court will serve on every party to the claim a copy of any directions given or order made –

(a) on an application under paragraph 4.3; or

(b) under paragraph 4.6.

4.8

In any claim to which this practice direction applies, the court shall direct a pre-trial review to take place shortly before the trial, if possible before the judge who will be conducting the trial.back to top